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1. Defendants A and B are jointly and severally and severally liable to the Plaintiff for KRW 83,640,470 and the same shall be jointly and severally applied to the Plaintiff from June 12, 2015 to November 25, 2015.
Reasons
1. Basic facts
A. On July 5, 2013, the Plaintiff entered into an import insurance contract with the Defendant A and the Insured, from July 5, 2013 to July 4, 2014 (which shall be extended from July 3, 2015 to July 3, 2015), and the acquisition of which shall be 20,000 U.S. dollars, and the Defendant B jointly and severally guaranteed Defendant A’s obligations.
B. When Defendant A delays the payment of the principal and interest of a loan, the Jeonbuk Bank notified the Plaintiff of the occurrence of the guaranteed accident on April 3, 2015, and claimed insurance proceeds on May 11, 2015.
C. On June 11, 2015, the Plaintiff paid insurance proceeds of KRW 83,640,470 to the Jeonbuk Bank.
[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, Gap evidence 2-4, the purport of the whole pleadings
2. According to the facts of recognition of the claim for reimbursement against Defendant A and B, Defendant A and B are jointly and severally liable to pay to the Plaintiff the amount of KRW 83,640,470 as well as the amount of delay interest per annum from June 11, 2015 to November 25, 2015, which is the last delivery date of the copy of the complaint of this case, from June 25, 2015, to November 25, 2015, with 15% interest rate per annum from the next day to the date of full payment.
3. Requests for the revocation of fraudulent act;
A. On August 19, 2014, Defendant A entered into a mortgage agreement with Defendant C on KRW 248,00,000 with the maximum debt amount indicated in the separate sheet as joint collateral, and concluded a mortgage agreement with Defendant C on August 19, 2014, which was received on August 19, 2014 on the said real estate as joint collateral, with the Jeonju District Court’s receipt of No. 37775, Mar. 27, 2015, Defendant A concluded a mortgage agreement on KRW 12,00,000 with the maximum debt amount indicated in the separate sheet as joint collateral, and concluded a mortgage agreement on March 27, 2015 with the Jeonju District Court’s receipt of each of the above real estate as joint collateral No. 13645, Mar. 27, 2015, with each of the above real estate as joint collateral of KRW 15,540,000,000.